April 27, 1923

RAILWAY COMMITTEE

LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Mr. FIELDING moved:

That the name of Mr. Healy be substituted for that of Mr. Murphy on the select standing com-mitteee on Railways, Canals and Telegraph Lines.

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Motion agreed to.


BANKRUPTCY ACT AMENDMENT


Sir LOMER GOUIN (Minister of Justice) moved for leave to introduce Bill No. 139, to amend the Bankruptcy Act. He said: This bill provides for amendments to the Bankruptcy Act as follows: (a) To abolish the system of authorized trustees and to accept the English system of administration of estates by trustees selected by the creditors, assignments to be made to the creditors at large and deposited with an official receiver who will be chosen from among local legal officers, such receiver to appoint a custodian with authority to conserve the assets of the estate under the direction of the receiver. The custodian shall call the creditors together, who at their first meeting will choose a trustee, and from that day the custodian's duty will be completed. In cases of petitions that is to say, compulsory assignments -the appointment of custodian is to be made by the court rather than by the receiver, the latter directing, as in the case of assignments, the conservation of the assets, (b) To provide for sales in the province of Quebec of property subject to hypothec in the same mode as to notices, etc., as in the case of sales made by the tariff, (c) To restore to the landlords the privileges which they were entitled to under the laws of the different provinces on the first of July, 1920. (d) To provide for the examination of the debtor by the official receiver on the causes of his insolvency and the distribution of his assets. This is a very important feature of the English act. It is hoped that the debtor will be deterred from assigning by the prospect of this compulsory examination. (e) To enable a composition between the debtor and creditors only after the assignment. This is to protect the creditors and prevent debtors from defrauding their creditors by disposing of their property. Many requests for such a change have come to our department, (f) To compel trustees in every case to apply to the court for a discharge within fifteen days after the payment of the final dividend and to prohibit appointment of such trustees in any other matter until he has obtained such discharge. It is further proposed to amend the law which refuses the claim of a wife as the creditor of an insolvent and to enable her to rank equally with the ordinary creditors; Shire Horses to extend the section which authorizes the examination of persons connected with the affairs of the debtor so as to enable the examination of relatives or any other persons who may have received gifts or preferences; to provide for the distribution to the creditors of any property acquired by the debtor between the time of his assignment and his composition with his creditors. There is a difference in the present law as to assignment and receiving order, for reasons which we cannot discover. Other amendments are introduced to remove doubts with respect to the meaning or interpretation of the different clauses of the Bankruptcy Act. I shall give to the House a list of the local officers that we intend to choose as receivers. The following officials, or the persons for the time being exercising the functions of such officials, shall be official trustees: (a) In the province of Quebec, the prothonotaries of the Superior Court; (b) In the province of Nova Scotia, the prothonotaries of the Supreme Court; (c) In the province of New Brunswick, the Circuit Court clerks; (d) In the province of Prince Edward Island, the deputy prothonotaries of the Supreme Court; (e) In the province of Ontario, the local registrars of the Supreme Court; (f) In the province of Manitoba, the deputy registrars of the Court of King's Bench; , (g) In the province of Saskatchewan, the local registrars of the Court of King's Bench; (h) In the province of Alberta, the clerks of the Supreme Court; (i) In the province of British Columbia, the district registrars of the Supreme Court. Motion agreed to and bill read the first time.


PRIVATE BILLS FIRST READINGS


Bill No. 137 (from the Senate), for the relief of Eliza Harvey Northgraves.-Mr. German. Bill No. 138 (from the Senate), for the relief of Olivette McMaster.-Mr. Hoeken.


CANADA HIGHWAYS ACT


Hon. GEORGE P. GRAHAM (Acting Minister of Railways and Canals) moved that the House do to-morrow go into committee of the whole to consider the following proposed resolution: Resolved, That it is expedient to bring in a measure to provide that the time within which the various provinces of Canada may earn and be paid the sums allotted to the said provinces under the provisions of "The Canada Highways Act", chapter fifty-four of the statutes of 1919, be extended for a further period of two years. He said: His Excellency the Governor General, having been apprised of the subject matter of this resolution, has given his assent thereto and commends it to the consideration of the House. Motion agreed to.


SHIRE HORSES


On the Orders of the Day: Hon, W. R. MOTHERWELL (Minister of Agriculture): My attention has been called by the Prime Minister to a question that was asked yesterday by the hon. member for South Waterloo (Mr. Elliott) with respect to the Shire horses that have recently arrived from Great Britain and are now stationed at the Experimental Farm here. The question was asked as to the disposition of these breeding animals throughout Canada. Our natural desire, Mr. Speaker, is to place these animals in conformity with the wishes of the donors, since they have been made a gift by the Shire Breeders' Society of Great Britain. It is equally our natural desire to place them where some attention has already been given to the breeding of Shire horses, and we find on examining our records that the two places that have paid the most attention to the breeding of Shire horses are Lacombe in the province of Alberta and Len-noxville in the province of Quebec. There are very few, however, in the latter place, consequently it was thought that for the best use of these breeding animals and to carry out the wishes of the donors it would be wise to locate them in Alberta, at Lacombe. This, however, is only a tentative arrangement and the final disposition of the horses will not be made until the return of Mr. Archibald, Director of the Dominion Experimental Farms, who will return on Monday or Tuesday next. In the meantime we shall be very glad to have any representations from Ontario or elsewhere as to where these animals could be placed to better advantage than under the arrangement already made. So far as locating them in Ontario is concerned, there are a few Shire horses scattered here and there throughout the province, but we have had no intimation from any source that they would like to have the Shires mixed with other breeds here.


PRO

George Arthur Brethen

Progressive

Mr. BRETHEN:

I had the pleasure of

examining these horses to-day and they

Grain Commission

certainly appear to be a typical lot of Shire horses of very high quality. I would like to draw the attention of the minister to the district around Weston, Ontario, near the city of Toronto. I may say I am not a resident of that district, but I know that for a number of years the breeding of Shire horses has been conducted in that district, and I think that at least one of these horses could be used there to very good advantage.

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INQUIRY FOR RETURN


On the Orders of the Day:


LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Hon. W. S. FIELDING (Minister of Finance) :

There was a little misunderstanding between the hon. member for Halton (Mr. Anderson) and myself regarding a delayed return. I was under the impression that it referred to a matter in my own department, but I find that what he had in mind was a return touching another department, and I have called the attention of the proper department to it.

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THE BUDGET


On the Orders of the Day:


CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

May I ask the Minister of Finance (Mr. Fielding) what day next week he expects to bring the budget down? I understood it was to come down next week.

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LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Mr. FIELDING (Minister of Finance):

My hon. friend has indicated next week. There was a time when he bad a right to fix the date, but not now. I share with my hon. friend the feeling that it is desirable to have the budget down at a very early day, but I really would not care to fix the day at this moment.

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CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

Could my hon. friend tell the House, because many members are interested in the matter, whether the budget will be brought down before Thursday' of next week?

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April 27, 1923